HomeMy WebLinkAbout1994-07-12; City Council; Resolution 94-190.4
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RESOLUTION NO. 9 4 - 190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT FOR TREE
TRIMMING SERVICE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car, I
6 California, as follows:
7 1. That the bid of Henderson Tree Service, PO Box 15230 San Diego, CA 92;
8 hereby accepted.
9 2. That an Agreement between the City of Carlsbad and Henderson Tree Semi
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with the option to renew for two additional one year periods at an increase not to exceec l1
tree trimming service for a period of one year commencing July 1, 1994 through June 30,
of the price in effect at the end of the initial contract period is attached and made a part ht
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and is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directc
execute said Agreement for, and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of thc
of Carlsbad on the =May of JULY , 1994, by the following vote, to wit:
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
20 /i NOES: None
21 I ABSENT: None
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24 ATTES?:
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-4 EXHIBIT "3"
AGREEMENT
TREE TRIMMING SERVICE
THIS AGREEMENT, made and entered into this 18th day of JULY , 1994, by
and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
"City", and HENDERSON TREE SERVICE, hereinafter referred to as "CONTRACTOR".
WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide Tree
Trimming Service.
WHEREAS, it has been determined that it is in the best interests of the CITY to enter
into the Agreement hereinafter contained.
NOW THEREFORE, in consideration of the mutual promises, conditions, and
covenants herein contained, the parties hereto agree as follows:
1. Term of Agreement
This Agreement shall be for a period of one (1) year commencing on July 1,
1994 and ending June 30, 1995. At the end of the year the CITY has the
right to rebid or to renew the agreement for two (2) additional one (1) year
(1) year periods unless canceled by either party in writing at least thirty (30)
days prior to the annual renewal date.
2. Compensation
CONTRACTOR shall provide tree trimming service for an hourly rate of
$25.00 per man.
3. Escalation Clause
A request for a cost increase must be submitted in writing thirty (30) days
prior to the beginning of each contract year by the CONTRACTOR. Any
request for a cost increase will be negotiated and must be evidenced to the
satisfaction of the CITY, and be directly related to and not exceeding the US
Bureau of Labor Statistics consumer Price Index for San Diego County, and
in any event may not exceed the actual increase in CONTRACTORS cost.
4. Duty of Contractor
a. The CONTRACTOR will be responsible for traffic controland all clean-
up, including disposal of debris and limbs and , during trimming
operations. b. . Bids are to be made on an hourly basis and are to include equipment
and operator.
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c. Work to be billed for actual time on the job.
d. Response time within 48 hours.
e. The CONTRACTOR will be responsible for proper and adequate
shielding of his equipment to prevent injury to persons or damage to
public or private property, and will assume all liability should injury
to persons or damage to property occur.
f. All means necessary to barricade and otherwise properly safeguard the
immediate working area will be utilized by the CONTRACTOR at all
times.
g. All equipment to be used by CONTRACTOR must be properly guarded
and shielded to protect operator and public.
5. Hold Harmless
CONTRACTOR agrees to indemnify, save, and hold harmless the CITY and
its officers, agents, and employees from any and all lawsuits, damages,
liability, claims, or costs of any nature whatsoever, arising out of, or
resulting from, either directly or indirectly, the performance of work pursuant
to this agreement, to the maximum extent allowed by law.
6. Insurance
CONTRACTOR shall maintain Workers’ Compensation Insurance, Liability
Insurance for insurance against injuries including accidental death, to any one (1) person in an amount no less than One Million Dollars ($1,000,000)
naming the CITY as Additional Insured.
7. Business License
CONTRACTOR shall maintain a business license to operate in the City of
Carlsbad.
8. Cancellation Clause
At any time during the term of this Agreement, either party may cancel this
Agreement without cause, with thirty (30) days written notice.
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9. Payments
CONTRACTOR shall submit invoices to Finance Department, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008. Payment shall be made in full by City
within thirty (30) days after receipt of invoice.
10. Independent Contractor
It is expressly understood and agreed that the CONTRACTOR herein named
is acting as an Independent Contractor and not as an agent, servant, or
employee, of the CITY.
The CONTRACTOR shall be aware of the requirements of the Immigration
Reform and Control Act of 1986 and shall comply with those requirements
including but not limited to verifying the eligibility for employment for all
agents, employees and subcontractors that are included in the Agreement.
11. Assimment of Contract
CONTRACTOR may not transfer, assign or subcontract this Agreement
without prior written consent of CITY.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement at
Carlsbad, California, the day and year first above written.
City of Carlsbad, California
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Attest:
APPROVED AS TO FORM:
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RONALD R. BALL q #a$. -VW/%.
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